المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Commercial and Labour — Volume 9

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 4,069 available principles

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  1. الشركات الأجنبية

    Principle 1644The de facto company doctrine. Its purpose. To avert the legal considerations arising from cases of company nullity that would affect established situations settled as a result of the company’s existence and dealings witCommercial and Labour — Volume 9 · Source page ٢٨٨
  2. Principle 1645The legal regime of foreign companies is governed by the law of the state of their actual principal management headquarters.Commercial and Labour — Volume 9 · Source page ٢٨٨
  3. Principle 1646Licences of foreign companies that have a branch in Kuwait or conduct commercial activities. The condition for their issuance. - Conducting commercial agency activities. Prohibited for anyone who is not Kuwaiti. The ratiCommercial and Labour — Volume 9 · Source page ٢٨٨
  4. Principle 1647Establishment of a branch of a foreign company in Kuwait or its conduct of commercial business. Its condition. It must have a Kuwaiti agent and conduct the business through him. Proof that it conducted the business itselCommercial and Labour — Volume 9 · Source page ٢٨٨
  5. Principle 1648Foreign companies. The prohibition on establishing branches in Kuwait or conducting commercial activities therein except after obtaining a license therefor from the Ministry of Commerce and Industry. The two conditions fCommercial and Labour — Volume 9 · Source page ٢٨٩

  6. شركات الصرافة

    Principle 1649A foreign company itself conducting commercial activity apart from its commercial agent. Effect thereof: the agent is not considered its representative in actions brought by or against it. Example. 10- Exchange companiesCommercial and Labour — Volume 9 · Source page ٢٨٩
  7. Principle 1650Commercial banks are institutions whose principal business is accepting deposits for use in banking operations. Examples of banking operations. Their inclusion of trading in foreign currencies and precious metals. - ProhCommercial and Labour — Volume 9 · Source page ٢٨٩
  8. Principle 1651Prohibition on exchange companies engaging in banking activities, including accepting cash deposits. Article 2 of the Minister of Finance's Decision of 19/3/84. The generality of this provision. Its implication. Its ratiCommercial and Labour — Volume 9 · Source page ٢٨٩

  9. شركة مضاربة

    Principle 1652Prohibition on exchange companies accepting cash deposits and opening current accounts. Current account. Its nature. Its condition. 11- Mudarabah partnership:-Commercial and Labour — Volume 9 · Source page ٢٨٩

  10. - تحول الشركة من شكل قانوني إلى آخر

    Principle 1653It being established from the provisions of its constitutive contract that the company is subject to the Companies Law. The court's adherence to the provisions of this applicable law. Its failure to address a defence basCommercial and Labour — Volume 9 · Source page ٢٨٩

  11. - استثمار الأجنبي أمواله في الشركة

    Principle 1654Conversion of a company from one legal form to another. Its requirements. Publication thereof in the Official Gazette and in 2 daily newspapers, the lapse of 60 days from the publication date, taking the legal measures nCommercial and Labour — Volume 9 · Source page ٢٩٠
  12. Principle 1655The general rule is that a non-Kuwaiti may not engage individually in trade in Kuwait - the exception - he may invest his funds deposited in banks and companies. The condition therefor. That this fall within their objectCommercial and Labour — Volume 9 · Source page ٢٩٠

  13. - شهر إفلاس الشركة

    Principle 1656The principle is that a non-Kuwaiti may not engage in business unless he has a Kuwaiti partner or partners. The exception: funds deposited by a non-Kuwaiti with banks or companies, or agreements he concludes with them toCommercial and Labour — Volume 9 · Source page ٢٩٠
  14. Principle 1657Cessation of payments justifying a declaration of the company's bankruptcy means what is not considered a cessation.Commercial and Labour — Volume 9 · Source page ٢٩٠
  15. Principle 1658Inferring the cessation of payments leading to the declaration of the company’s bankruptcy and assessing the seriousness of the dispute over its debts. Within the authority of the court of fact, provided that it bases itCommercial and Labour — Volume 9 · Source page ٢٩٠

  16. - بطلان عقد الشركة

    Principle 1659Ordinary creditors and creditors holding general preferential rights. They may not take individual proceedings against the debtor. They must submit an application to the bankruptcy administrator, who has exclusive competCommercial and Labour — Volume 9 · Source page ٢٩٠
  17. Principle 1660Conclusion of a company contract in violation of Article 26 of the former Commercial Law and Article 19 of the Companies Law, which prohibit the formation of companies by non-Kuwaitis. Its effect. Nullity of this contracCommercial and Labour — Volume 9 · Source page ٢٩١
  18. Principle 1661The partners' failure to embody the company contract in the form required by law. They may not invoke the invalidity of its memorandum of association against third parties.Commercial and Labour — Volume 9 · Source page ٢٩١
  19. Principle 1662Nullity means non-existence. - Giving effect to a void contract whose constituent elements have not been satisfied conflicts with public policy. - A judgment declaring a company void leaves behind a de facto company to bCommercial and Labour — Volume 9 · Source page ٢٩١
  20. Principle 1663A void contract. A nullity. The difference between it and a voidable contract. - A void contract and a voidable contract. The effect of each upon a particular successor. Absolute nullity of a contract because it containsCommercial and Labour — Volume 9 · Source page ٢٩١

  21. - انقضاء الشركة وتصفيتها وحلها

    Principle 1664The formation of a limited liability company or any amendment made to it. The requirement that it be embodied in an - 291 - Commercial official instrument. The reason for this: it is a matter of public policy. ContraventCommercial and Labour — Volume 9 · Source page ٢٩١
  22. Principle 1665A limited liability company. How it is liquidated. - Nullity of the company contract. Produces its original effects. Its consequence. Settlement of the partners’ rights concerning transactions completed before its nullitCommercial and Labour — Volume 9 · Source page ٢٩٢
  23. Principle 1667Intensification of the disagreement between the 2 partners. This establishes an interest in seeking dissolution of the company.Commercial and Labour — Volume 9 · Source page ٢٩٢
  24. Principle 1668Liquidation of a limited liability company. Division of the assets among the partners in the manner specified in its memorandum of association or articles of association; otherwise, the provisions prescribed by law shallCommercial and Labour — Volume 9 · Source page ٢٩٢
  25. Principle 1669Solidarity among creditors or debtors. Is not presumed and arises only by agreement or a provision of law, subject to the rules of commerce. - There is no joint and several liability between a company conducting commerceCommercial and Labour — Volume 9 · Source page ٢٩٢
  26. Principle 1670Ownership of real estate by companies in which non-Kuwaitis hold shares. Impermissible. The reason therefor. - 292 - CommercialCommercial and Labour — Volume 9 · Source page ٢٩٢
  27. Principle 1671Profits of companies in which other companies hold shares. Income belonging to the company that is subject to tax, and income of the shareholders after its distribution. Tax on these profits. Prevention of double taxatioCommercial and Labour — Volume 9 · Source page ٢٩٣
  28. Principle 1673Liquidation of a company when a ground for its dissolution arises. How this is carried out. Its retention of legal personality throughout the liquidation period, with the managers' powers ending as soon as it enters liquCommercial and Labour — Volume 9 · Source page ٢٩٣
  29. Principle 1676Grounds for termination of a joint-stock company and the rules for their application. Their application to a limited liability company. A partner's right to seek judicial dissolution of the company. Its justifications. TCommercial and Labour — Volume 9 · Source page ٢٩٣
  30. Principle 1677A ground suitable for requesting dissolution of a company. Its nature. Any ground leading to the impossibility of its continuation. - Assessment of a request to dissolve the company and of the gravity of the grounds justCommercial and Labour — Volume 9 · Source page ٢٩٣
  31. Principle 1678Declaration of a company’s bankruptcy during liquidation. Its prerequisite. Its cases. And the exception thereto. - Declaration of a company’s bankruptcy during the two years following its removal from the Commercial RegCommercial and Labour — Volume 9 · Source page ٢٩٣
  32. Principle 1680Dissolution of a company. Its cases. The company's loss, however great, does not necessarily require its dissolution. The extraordinary general assembly may confront this party by taking measures that revive the company Commercial and Labour — Volume 9 · Source page ٢٩٤
  33. Principle 1682Liquidation of a joint-stock company. Its purpose. - The liquidator. The manner of appointment and function. - Liquidation of the assets of a joint-stock company. The manner of conducting liquidation. The legislature didCommercial and Labour — Volume 9 · Source page ٢٩٤
  34. Principle 1683Liquidation of a joint-stock company. Its purpose. - Liquidation of the assets of a joint-stock company. How liquidation is conducted. The legislature imposed no restriction or condition on demanding that partners pay thCommercial and Labour — Volume 9 · Source page ٢٩٤
  35. Principle 1685Dissolution and liquidation of the company. Within the trial court's power at the request of one of the partners. Its cases. Its conditions.Commercial and Labour — Volume 9 · Source page ٢٩٤
  36. Principle 1686Determining the assessment of the request for referral to dissolve the company or its rejection. A matter of fact independently determined by the trial court by virtue of its authority to understand the facts, assess theCommercial and Labour — Volume 9 · Source page ٢٩٤
  37. Principle 1687Limited liability companies are dissolved and their assets liquidated under the same rules and grounds prescribed for the dissolution and liquidation of joint-stock companies. - The trial court has authority to assess a Commercial and Labour — Volume 9 · Source page ٢٩٥
  38. Principle 1688A company is liquidated when it terminates. How liquidation is carried out and the liquidator's powers. - A change in the representative of a legal person has no effect on the course of the action. - Superfluous reasoninCommercial and Labour — Volume 9 · Source page ٢٩٥
  39. Principle 1691A company is liquidated upon its dissolution. How liquidation is conducted and the liquidator's powers. - Change of a legal person's representative. It has no effect on the course of the action.Commercial and Labour — Volume 9 · Source page ٢٩٥
  40. Principle 1692A limited liability company. Its dissolution and liquidation of its assets in accordance with the same rules and grounds prescribed for the dissolution and liquidation of joint-stock companies, in addition to the case ofCommercial and Labour — Volume 9 · Source page ٢٩٥
  41. Principle 1693A limited liability company. Its termination upon expiry of its term specified in its memorandum of association. Its number of partners falling below two. Its effect: its dissolution by operation of law. Articles 185/2 aCommercial and Labour — Volume 9 · Source page ٢٩٥
  42. Principle 1694Liquidation of a company. Its effect. Termination of its manager's capacity to represent it and his replacement by the liquidator, who alone has capacity to represent it before the courts. The consequence. Termination ofCommercial and Labour — Volume 9 · Source page ٢٩٦
  43. Principle 1695The liquidator's receipt of remuneration for his work. Permissible. The manner of assessing this remuneration: in the order appointing him or upon an application submitted to the court; the assessment takes into account Commercial and Labour — Volume 9 · Source page ٢٩٦

  44. السجل التجاري للشركات

    Principle 1696Termination and liquidation of limited liability companies. Their completion under the same rules and grounds prescribed for the termination and liquidation of joint-stock companies. The impossibility of understanding beCommercial and Labour — Volume 9 · Source page ٢٩٦
  45. Principle 1697Assignment of a partner's interest in a limited liability company. Authentic form is an essential element thereof. It has no effect with respect to the partners until it is entered in the company's register and the CommeCommercial and Labour — Volume 9 · Source page ٢٩٧
  46. Principle 1700Transfer of interests in a limited liability company. It must be made in an official instrument and entered in the Commercial Register. Its effect: amendment of the company’s memorandum of association; enforceability of Commercial and Labour — Volume 9 · Source page
  47. Principle 1702Trade name. It must differ from names previously entered in the commercial register. Reason therefor.Commercial and Labour — Volume 9 · Source page
  48. Principle 1703Limited liability companies. The particulars relating to their name, address, contracts, invoices, advertisements, papers, and printed materials. Failure of all their papers to bear those particulars. Its effect. Their mCommercial and Labour — Volume 9 · Source page
  49. Principle 1704A limited liability company. It must be entered in the commercial register. It does not acquire legal personality until after this registration. - A contract for which the legislature prescribes a special form. Absence tCommercial and Labour — Volume 9 · Source page
  50. Principle 1705A limited liability company is dissolved upon one of the events specified by law. The nature of those events. The death of a partner does not result in dissolution of the company and has no effect on the course of an actCommercial and Labour — Volume 9 · Source page
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